Asking for the accomodation

GLC

We have an ee who is bipolar and can't keep up with her workload.
She brings up to her supervisor frequently that she does not feel well because
of this condition. Does the ee have to ask the employer for an accomodation
or do we decrease her workload automatically? This ee works with clients who
have just had babies. The employees in the program are suppose to see 15
clients per week. This is one of the essential functions of the job. What if
this ee cannot carry this many cases due to her condition. Do we have to
reduce her load as an accomodation if she ask for it, given all the other
employees manage this many cases with no problem. Who has the last word on
the accomodation? What if the employee said I can manage the job with only 5
clients when other employees are doing 15? Can we reject that accomodation?
That would be unreasonable to us.

Theresa Gegen TX

Basically you now know that the employee has a medical condition that may be a disability and that the employee claims the medical condition is causing her trouble completing her work.

I believe that this is enough information where by the employer should engage in the reasonable accomodation process. In other words, as the employee if there is anything the employer can do that would allow her to perform her job upt to standards. She may say "reduce my work load", but she may also say something else (you don't know what she will propose).

once she has made a proposal, then the employer needs to determine whether it is reasonable. Reducing her work load from 15 to 5 probably isn't reasonable, but maybe she will say I could do 13 cases. Would that be reasonable? Or maybe she will propose something different. Each case must be determined on its facts, and right now you don't have enough information to determine whether any accommodation would be reasonable.

Good Luck!

GLC

It was my understanding that the ee has to ask for the reasonable accomodation. It is not the employers's responsibility to bring this up.
Any comments on this?

Theresa Gegen TX

Yes. The employee should ask. But the employee does not need to use any "magic words" -- like "reasonable accomodation". The employee just needs to give the employer enough information to put them on notice that the employee needs some help getting her job done due to a disability.

Here, the situation is at best ambigious. I suspect that the EEOC and a court would read the facts in favor of the employee -- that the employee has given her employee enough notice to start the process (which is a dialogue between the employer and the employee about accomodations that may work).

Good Luck!

Gillian

No, courts will side with the employee when the employee has given enough information that the employer should know that a disability exists. To do otherwise would mean that an employer could use a technicality (they didn't ask) to avoid their responsibility. It is always best when an employee asks because that makes it clear but sometimes they will try to soldier through and prefer not to make waves. The same thing has happened with FMLA. There have been cases where the employer tried to defend that they didn't provide FMLA because the employee didn't ask. That doesn't wash and the employee prevails. As usual, there may be exceptions, but I doubt that there are many and if so, would be a situation where the employer could legitimately say that they didn't know.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 12-03-02 AT 08:12PM (CST)[/font][p]Also, ask the doctor what is possible. Give him or her the essential and non-essential duties and ask for suggestions.

One of the things to look at possibly is switching non-essential functions..if there are some the emplyee can't do (assuming you've determined that she is ADA qualified), you may want to trade them to another worker and give her other non-essential functions fromm that worker she can do.

AnneLa

You could also try calling the Job Accommodation Network at (800)526-7234, or try getting in touch with your local state ADA Specialist.